Generally speaking, causality in insurance law refers to the relationship between the insured accident and the damage result. When judging the causality in insurance law, we must first determine what causes the damage, and then determine whether the insurer bears the insurance liability according to whether these reasons belong to the insurance accident agreed in the insurance contract. In the case of the only cause of the damage, if the cause belongs to an insured accident, the insurance liability is established, which is the simplest and most basic situation in the insurance law. However, there are various reasons for some damages, and how to judge which of these reasons are required by the insurance law has become a thorny issue before us. Whether the insurer's insurance liability can be established and whether the insured and beneficiary can get compensation depends on the judgment of this causal relationship.

The theory of causality in civil law undoubtedly has certain applicability in insurance law. However, the insurance law, as a relatively independent departmental law, has its own characteristics, and it is bound to be amended when the causality theory is applied in civil law. In property insurance, causality refers to the causal relationship between the insured accident and the damage result. Once the loss of the insured is caused by an insured accident, the insurer shall bear the insurance liability. At this time, it can be called causality in the establishment of responsibility. It's just that the so-called "responsibility" here has different meanings from the "responsibility" referred to in civil liability. It refers to the insurer's obligation to pay insurance compensation according to the insurance contract, and has no legal sanction. However, the scope of damage that the insurer should compensate is usually stipulated by the insurance contract or insurance law, and the insurer does not undertake the obligation of full compensation, which is different from the concept of civil law.

As far as personal insurance is concerned, it can be divided into life insurance, health insurance and accident insurance. Life insurance takes the survival and death of the insured as an insured accident. As far as the survival of the insured is concerned, it is only a factual state and a normal state, which has nothing to do with damage, nor is it causal. As far as the death of the insured is concerned, it is a kind of damage in itself, which is different from the insurance accident in property insurance. When we discuss the causality of death insurance in life insurance, we are more concerned with the causality between the cause of death and death, that is, the causality within the insurance accident, which is different from the causality in property insurance. Moreover, the discussion of causality in death insurance is generally meaningless. As long as the insured dies, the insurer will bear the insurance liability, and the causal relationship generally does not affect the establishment of the insurance liability, which is consistent with the saving nature of life insurance. However, if the death of the insured is caused by his illegal or criminal behavior or suicide within a certain period of time, or there are clauses in the life insurance contract, such as eliminating danger, expanding the scope of compensation, additional waiver of premium, disability payment, double payment, etc. , we should also consider the causal relationship of the establishment of responsibility. The insured accidents in health insurance can be divided into illness, childbirth, death caused by illness and childbirth, etc. The situation of childbirth is similar to the survival insurance in life insurance, and the situation of illness is similar to the death insurance in life insurance, without considering the causal relationship of liability. As far as the death caused by illness and childbirth is concerned, it is necessary to consider the causal relationship of liability, but it exists in insurance accidents. Accident insurance is different from the first two kinds of insurance. The insured accident is accidental injury or disability or death caused by accidental injury. At this time, the causal relationship between accident and injury, disability and death must be considered. As far as the whole life insurance is concerned, it is meaningless to talk about causality within the scope of responsibility. One reason is the same as property insurance, and the other reason is determined by the nature of life insurance savings. When judging the causality in insurance law, we must first judge the factual causality. At this time, the judgment standard of "nothing, no" should be adopted, and the substantive elements rules can be supplemented if necessary. However, in the case of complex causality, the adoption of the theory of necessary conditions will inappropriately expand the scope of insurance liability undertaken by the insurer, so it is necessary to judge the legal causality. The civil law system, especially the German law, mainly adopts the theory of "considerable causality", that is, "the conditions for a certain result to occur, according to the general point of view, obviously enhance the possibility of the objective occurrence of the result in an unimportant way, which is an appropriate reason."

Causality in insurance law is a rather complicated problem. Different from the causality in civil law, it mainly shows the causality in the sense of liability establishment, which is mainly applicable to property insurance, but only occasionally to personal insurance, and its meaning is not the same as that in property insurance. In short, it is necessary to correctly judge the causal relationship in insurance law, so as to play the role of insurance law in dispersing risks and making up losses, maintaining the balance of interests between the parties and maintaining the stable development of economic order.

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